Blue Book

BY-LAWS OF WALKER TOWNSHIP WATER ASSOCIATION, INC. ARTICLE I - GENERAL PURPOSES:

• The purposes for which this corporation is formed, and the powers which it may exercise are set forth in the Articles of Incorporation of the corporation.

ARTICLE II - NAME AND LOCATION:

• SECTION 1 -The name of this Corporation is the WALKER TOWNSHIP WATER ASSOCIATION, INC.

• SECTION 2 - The principal office of this corporation shall be located in the Village of Hublersburg, Walker Township, Centre County, Pa., and the corporation may maintain offices and places of business at such other places within or without the state as the Board of Directors may determine.

ARTICLE Ill - SEAL:

• SECTION 1 - The seal of the corporation shall have inscribed thereon the name of the corporation, the year of its organization and the words "a non-profit corporation."

• SECTION 2 - The secretary of the corporation shall have the custody of the seal.

• SECTION 3- The seal may be used by causing it, or a facsimile thereof, to be impressed or affixed or reproduced or otherwise.

ARTICLE IV - FISCAL YEAR

• The fiscal year of the corporation shall begin the first day of January in each year.

ARTICLE V - MEMBERSHIP:

• SECTION 1- The holders of membership certificates of this corporation are its members. Any bona fide occupancy of the area served by the corporation and who is in need of having water supplied for domestic, livestock or garden purposes from the water system operated by the corporation and who receives the approval of the Board of Directors may be admitted to membership upon subscribing for or otherwise acquiring a membership certificate, and by signing such agreements for the purchase of water as may be provided and required by the corporation if the capacity of the corporation; provided that no person otherwise eligible shall be permitted to subscribe for or acquire membership of the corporation if the capacity of the corporation's water system is exhausted by the needs of its existing members or if the Board of Directors determine that it is not economically feasible to furnish water to said applicant as provided in Article XI, Section 2. The membership fee shall be $250.00 for all charter members who become members prior to the date set by the Board of Directors for charter members, payable in such manner as may be determined from time to time by the Board of Directors. The membership fee for persons becoming members of the corporation after the closing date for charter members shall be the regular membership fee of $250.00, and in addition thereto, shall pay the costs of connection to the water system.

• SECTION 2 - In case of the death of a member or if a member ceases to be eligible to hold membership as provided in Section 1, or willfully fails to comply with these by-laws and other requirements, or willfully obstructs the purposes and proper activities of the corporation, the corporation, through the Board of Directors, shall have the first right, option and privilege to purchase the membership certificate and terminate the membership upon tender to the member or the heirs, or legal representatives, of the value of the membership certificate as determined by the Board of Directors, less any indebtedness then due from him to the corporation. Any member whose membership is so terminated for cause other than that of ceasing to be eligible, may appeal from the action of the Board of Directors to a vote of the members at the next regular meeting of the members or special meeting of the members called for-such purpose.

ARTICLE VI - MEMBERSHIP CERTIFICATES:

• SECTION 1- This corporation shall not have capital stock, but its capital shall be represented by membership certificates.

• SECTION 2- The membership certificates shall be issued to each holder or fully paid membership and shall be numbered consecutively, in accordance with the order of issue. Each membership certificate shall bear on its face the following statements:

(a) This membership Certificate No., is issued and accepted in accordance with the subject to the conditions and restrictions stipulated in the Articles of Incorporation and by-laws and amendments thereto of the Walker Township Water Association Inc.

(b) Transfers of membership certificates shall be made only upon the books of the corporation, only to persons eligible to become members, only with the approval of the Board of Directors, and only when the member transferring is free from indebtedness to the corporation. Any membership certificate may be purchased by the Board of Directors or cancelled for the non-payment of charges as is provided by the by-laws and such purchase or cancellation shall be shown upon the books of the corporation.

(c) No member of this corporation shall be eligible to more than one vote at the meetings of the members or to hold more than one of the membership certificates of the corporation. Every member upon becoming a member of this corporation agrees to sign such agreement for the purchase of water from the corporation as may from time to time be provided and required by the corporation and agrees in case the member desires to dispose of the membership certificate, to first offer the same to the corporation at its value to be determined by the Board of Directors, and that they will make no offer of assignment or sale of the same unless the corporation shall fail after thirty days notice in writing so to purchase the membership certificate.

• SECTION 3 -All transfers of membership certificates shall be made upon the books of the corporation upon the surrender of the certificates covering the same by the holders thereof, or by their legal representatives but only with the approval of the Board of Directors and only to persons eligible to become members and only when the transferring member is free from indebtedness to the corporation.

• SECTION 4 - Each member agrees to sign such water users' agreements as the corporation shall from time to time provide and require.

ARTICLE VII - MEETINGS OF MEMBERS:

• SECTION 1 - The annual meeting of the members of this corporation shall be held in the Walker Township Building, Walker Township, Centre County, Pa., on fifteen (15) days' written notice between January 1, and April 1, such date and time and place to be determined by the Board of Directors and fifteen (15) days' notice in writing thereof to be given to each holder of a membership certificate.

• SECTION 2 - Special meetings of the members may be called at any time by the action of the Board of Directors and such meetings must becalled whenever a petition requesting such meeting is signed by at least ten percent of the members and presented to the secretary or to the Board of Directors. The purpose of every special meeting shall be stated in the notice thereof, and no business shall be transacted thereat except as is specified in the notice.

• SECTION 3 - Notice of meetings of members of the corporation may be given by a notice mailed to each member of record, to the address shown upon the books of the corporation, at least ten (10) days prior to the meeting, with the exception of the annual meeting which shall require fifteen (15) days prior notice. Such notice shall state the nature, time, place and purpose of the meeting, but no failure or irregularity of notice of any annual meeting, regularly held, shall effect any proceedings taken thereat.

• SECTION 4 - The members present at any meeting of the members shall constitute a quorum at any meeting as the corporation for the transaction of business. The voting powers of the members of this corporation shall be equal, each member shall have only one vote, and no voting by proxy shall be allowed.

• SECTION 5 - The Directors of this corporation shall be elected at the annual meeting of the members.

• SECTION 6 - The Order of Business at the regular meetings and so far as possible at all other meetings shall be:

(a) (b) (c) (d) (e) (f) (g) (h)

Calling of order and proof of quorum. Proof of notice of meeting.

Reading and action of any unapproved minutes. Reports of officers and committees.

• SECTION 1 - The Board of Directors of this corporation shall consist of seven (7) members, all of whom shall be members of the corporation. The directors named in the Articles of Incorporation shall serve until the first annual meeting of the members and until their successors are elected and have qualified. At the first annual meeting of the members, one director shall be elected for a term of one year; two directors for a term of two years; and two directors for a term of three years. Two of the directors shall at all times reside east of Hecla Park , two West of Hecla Park and three members shall be members at large. At each annual meeting thereafter, the members shall elect for a term of three years the numbers of directors whose terms of office have expired.

• SECTION 2 - The Board of Directors shall meet within ten days after the first election within ten days after the annual election of directors and shall elect by ballot a President and Vice-President from among themselves, and a Secretary-Treasurer each of whom shall hold office until the next annual meeting and until the election and qualifications of the successor unless sooner removed by death, resignation or for cause.

• SECTION 3 -If the office of any director becomes vacant by reason of death, resignation, retirement, disqualification or otherwise, except by removal from office, a majority of the remaining directors, by a majority vote, shall choose a successor who shall hold office until the next regular meeting of the members of the corporation, at which time the members shall elect a director for the unexpired term or terms, provided that such regular meeting a notice of such election shall be given.

• SECTION 4 - Directors as such shall receive no compensation for their service as directors; provided, however, that officers be paid such compensation for extraordinary services as may be determined and at such rates as may be determined by the Board of Directors from time to time.

• SECTION 5- Officers and directors may be removed from office in the following manner: Any member, officer or director may present charges against a director or officer by filing them in writing with the secretary of the corporation. If presented by a member, the charges must be accompanied by a petition signed by ten percent of the members of the corporation. Such removal shall be voted on at the next regular or special meeting of the members and shall be effective of approved by a vote of a majority of the members. The director or officer against whom such charges have been presented shall be informed, in writing, of such charges five days prior to the meeting, and shall have the opportunity at such meeting to be heard in person or by counsel and to present witnesses; and the person or persons representing such charges shall have the same opportunity. If the removal of a Director is approved, such action shall also vacate any other office held by the removed director in the association. A vacancy in the Board thus created shall immediately be filled by a vote of a majority of the members present and voting at such meeting. A vacancy in any office this created shall be filled by the directors from among their number so constituted after the vacancy in the Board has been filled.

ARTICLE IX - DUTIES AND POWERS OF DIRECTORS:

• SECTION 1 -The Board of Directors , subject to restrictions of law , the Articles of Incorporation , or these By-Laws shall exercise all of the powers of the corporation, and, without prejudice to or limitations upon their general powers, it is hereby expressly provided that the Board of Directors shall have, and are hereby given , full power and authority in respect to the matters and as hereinafter set forth to do the following things:

(a) To pass upon the qualifications of members, and to cause to be issued appropriate certificates of membership.

(b) To select and appoint all officers, agents or employees of the corporation or remove such agents or employees of the corporation for just cause, prescribe such duties and designate such powers as may not be inconsistent with these by-laws, fix their compensation and pay for faithful services, and further contemplating that such Board of Directors shall be authorized to employ a secretary of such Board who need not be a Board member, nor a member of the association.

(c) To borrow from any source, money, goods or services and to make and issue notes and other negotiable and transferable instruments, mortgages, deeds of trust agreements and to do every act and thing necessary to effectuate the same; to purchase, take, receive, lease, as lessee, or otherwise acquire and to hold, own, use and otherwise deal with any real or personal property, or any interest therein, situate in or out of this Commonwealth, which may be necessary and proper for its legitimate business and to sell and convey, lease, as lessor, and otherwise dispose of all or any part of said real or personal property. Provided, however, the Board of Directors shall not borrow more than $10,000.00 nor make anybsale or purchase any real or personal property in excess of $10,000.00 without approval of :X of the members present at any regular meeting of the membership or a special meeting of the membership called for that purpose.

(d) To prescribe, adopt and amend, from time to time, such equitable uniform rules and regulations as, in their discretion, may be deemed essential or convenient for the conduct of the business and affairs of the corporation and the guidance and control of its officers and employees, and to prescribe adequate penalties for the breach thereof.

(e) To order, at least once each year, an audit of the books and accounts of the corporation by a competent public auditor or accountant. The report prepared by such auditor or accountant shall be submitted to the members of the corporation at their annual meeting.

(f) To fix charges to be paid by each member for services rendered by the corporation, the time of payment and the manner of collection.

(g) To require all officers, agents and employees charged with responsibility for the custody of any of the funds of the corporation to give adequate bonds, the cost thereof to be paid by the corporation, and it shall be mandatory upon the directors to so require.

(h) To select one or more banks to act as depositories of the funds of the corporation and to determine the manner of receiving, depositing, and disbursing the funds of the corporation and the form of checks and the persons by whom the same shall be signed, within the power to change such banks and the person or persons signing such checks at and the form thereof at will.

ARTICLE X - DUTIES OF OFFICERS:

• SECTION 1 - Duties of President. The President shall preside over all meetings of the corporation and the Board of Directors, all special meetings of the Board of Directors, perform all acts and duties usually performed by an executive and presiding officer, and sign all membership certificates and such other papers of the corporation as may be authorized or directed to sign by the Board of Directors, provided, the Board of Directors may authorize any person to sign all checks, contracts and other instruments in writing on behalf of the corporation. The President shall perform such other duties as may be prescribed by the Board of Directors.

• SECTION 2- Duties of the Vice-President. In the absence or disability of the President, the Vice-President shall perform the duties of the President, provided, however, that in case of death, resignation or disability of the President, the Board of Directors may declare the office vacant and elect a successor.

• SECTION 3- Duties of the Secretary-Treasurer . The Secretary-Treasurer shall keep a complete record of all meetings of the corporation and of the Board of Directors and shall have general charge and supervision of the books and records of the corporation. Shall sign all membership certificates with the President and such other papers pertaining to the corporation as may be authorized or directed to do so by the Board of Directors. Shall serve all notices required by laws and by these By-Laws and shall make a full report of all matters and business pertaining to this office to the members at annual meeting. Shall keep the corporate seal and membership certificate records of the corporation, complete and countersign all certificates issued and affix said corporate seal to all papers requiring seal. Shall keep a proper membership certificate record, showing the name of each member of the corporation and date of issuance, surrender, cancellation or forfeiture. Shall make all reports required by law and shall perform such other duties as may be required by the corporation or the Board of Directors.

• SECTION 4 - Shall under the direction of the Board of Directors have charge of the funds of this association and shall deposit the same in the name of this association in depositories designated by the Board of Directors; shall pay all vouchers or orders properly attested by the President; and shall make a complete and accurate report of the financing of this association at such annual meeting of the members, or at any other time upon request of the Board of Directors; shall give proper bond with approved surety in an amount as shall be set from time to time by the Board of Directors. Upon the election of the successor shall turn over to the successor all books and other property belonging to the corporation that may be in their possession.

ARTICLE XI - BENEFITS AND DUTIES OF MEMBERS:

• SECTION 1 -As to Charter Members, the corporation will install, maintain and operate a main distribution pipe line or lines from the source of the water supply and will install but will not maintain, repair or replace service line from the main distribution pipe line or lines to within fifty (50) feet of the nearest principal building on the property of each member of the corporation, and the· corporation will also install at its own cost and expense, on the property of each charter member, a water meter for the purpose of determining the consumption of water by each of the consumers. The cost of the service line or lines from the main distribution pipe line or lines of the corporation to within fifty (50) feet of the nearest principalbuilding on the property of each charter member shall be paid by the corporation. The corporation will also purchase and install a cut-off valve in each service line from its main distribution line or lines, such cut-off valve to be owned and maintained by the corporation. The corporation shall have the sole and exclusive right to use such cut-off valve to turn it on and off.

Members requiring physical connection to the system after the date for charter membership has closed will install at their own cost and expense a service saddle, tap, corporation stop, curb box and associated service line. In addition, the member will purchase from the Association, a water meter for the purpose of determining the consumption of water by each of the consumers. This meter will set in place by the Association. Once complete and approved by inspection, all materials installed from the main line to and including the curb stop (cut-off valve) and the water meter will become the property of and maintained by the Association. The member shall be responsible for accessibility of their curb box and maintaining, repairing, or replacing the service line from the curb stop to the residence. All repairs must be inspected by a Walker Township Water Association certified water operator.

• SECTION 2- Upon receiving an application for membership, accompanied by the membership fee of $250.00 , the Board of Directors shall before approving such member and issuing a membership certificate, determine whether it is economically feasible to furnish water to such member, and whether the water capacity of the corporation's water system is sufficient to supply the needs of its existing members and the needs of the new applicant for membership. In the event it is determined by the Board of Directors that it is not economically feasible to furnish water to such member, or the capacity of the corporation's water system is exhausted by the needs of its existing members, then the Corporation shall not be required to furnish such water service but shall return the $250.00 membership fee to the applicant.

• SECTION 3- Each charter member shall be entitled to one service line from the corporation's water system installed at the expense of the corporation as provided in Section 1 above. Members requiring physical connection to the system after the date for charter membership has closed shall pay in addition to the membership fee, all costs associated with the Association's inspection of the service tap made by the member, the cost of a water meter and a connection fee as established and revised from time to time by the Board. This connection fee will recover costs of capital improvements including upgrades or new additions to the system in order to accept new service connections including line replacement/extensions, additional water supply source development, treatment systems, etc. Any member providing water to more than one living unit from a single service line (ex. multifamily rental units) will be required to install individual meters on each unit and in addition pay a connection fee for each individual unit. Members desiring additional service lines shall pay the cost thereof as determined by the Board of Directors and shall not be permitted any additional service lines unless the Board of Directors shall first approve the same. The Board of Directors shall have the right to refuse to grant additional service lines over and above the one as herein before provided. No new service line or change in existing service line may be made which will interfere with an existing service line or the delivery of water therein. Each service line shall connect with the corporation's water system at the nearest available place of desired use by the member if the corporation's water system shall be of sufficient capacity to permit the delivery of water through a service line at that place without interfering with the delivery of water through a prior service line. If the corporation's water system shall be inadequate to permit the delivery of water through a service line installed at such place without interfering with the delivery of water through a prior service line, the service line shall be installed at such place as may be designated by the corporation; provided all members coming in after the charter date has closed, shall pay the expense of said service line and meter; and provided further, that after the service line has been installed, thereafter the entire service line, including that which has been installed by the Association shall be maintained, repaired and if necessary, replaced at the cost of the member. Said service line shall always remain the property of the Association, but each member shall maintain, repair and if necessary, replace said service line at the member's own expense; and provided further, that the expense of maintenance, repair and/or replacement of any service line within the right of way of any public highway shall be borne by the Association; and provided further, that each of the members of this corporation shall give, grant and convey to the corporation a right-of-way or easement for the purpose of digging, laying and constructing such service line from the main distribution line to said point of principal dwelling or principal building on the residence or property of the member. Such right-of-way shall include the right of ingress and egress for all purposes including the right to go on to the property for the purpose of reading the meter, which shall include the right to repair, replace and maintain said meter.

• SECTION 4 - Each member shall be entitled to purchase from the corporation, pursuant to such agreements as may from time to time be provided and required by the corporation, such water for domestic, livestock, and garden purposes as a member may desire; subject, however, to the provisions of these by-laws and such rules and regulations as may be prescribed by the Board of Directors.

• SECTION 5- In the event the total water supply be insufficient to meet all the needs of the members or in the event there is a shortage of water, the corporation may pro rate the water available among the various members on such basis as is deemed equitable by the Board of Directors, and may also prescribe a schedule of hours covering use of water for garden purposes by particular members and require adherence thereto or prohibit the use of water for garden purposes; provided that if at any time the total water supply shall be insufficient to meet all of the needs of all of the members for domestic, livestock and garden purposes, the corporation must first satisfy all the needs of all of the members for domestic purposes before supplying any water for livestock purposes and must satisfy all of the needs of all of the members for both domestic and livestock purposes before supplying any water for garden purposes.

• SECTION 6 - The Board of Directors shall, prior to the beginning of each fiscal year, determine the flat minimum monthly rate to be charged each member during the following calendar year for a specified quantity of water, such flat minimum monthly rate to be payable irrespective of whether any water is used by a member during any month and the amount for additional charges, if any, for additional water which may be supplied the members, shall fix the date for the payment of such charges and shall notify each member of the amount of such charges and the dates for the payment thereof. A member entitled to the delivery of water shall pay such charges at the office of the corporation at or prior to the dates fixed by the Board of Directors. The failure to pay water charges duly imposed shall result in the automatic imposition of the following penalties:

a) The water shall be cut off from the delinquent members property for non-payment for thirty days from due date. Water shall not be restored until the account is paid in full, including all additional fees. Membership in this corporation may be terminated and the membership certificate purchased as provided for in Article V, Section 2 of these by-laws.

b) Any member whose membership has been terminated for nonpayment as provided for in paragraph (b) of Section 6 of Article XI, and who has been paid the equity in the corporation as provided for in Article V, Section 2, who later makes application for water service and membership again, shall be required to pay the same initial membership fee together with the cost of furnishing the water service to the applicant as if making application for initial membership in this corporation.

SPECIAL NOTICE

The distribution lines of the WalkerTownship Water Association are not intended to be used for grounding any electrical-communication-or any other systems since the lines are of a non-metallic substance.

Therefore, the Association will not accept any responsibility for grounding any systems should its lines be used for such purpose.

The Walker Township Water Association Inc. will not assume the responsibility of any damage resulting from the use of the grounding of any electrical, communication, or any other systems, since the lines are of a non-metallic substance.

Walker Township Water Association Inc.

P. 0. Box 160

Mingoville, PA 16856-0160

Effective August 1, 2010

Current Fees and Assessments:

Impact Fee $5,000.00

Membership Fee: $250.00

Water Turn Off Fee: $30.00

Water Turn On Fee: $30.00

Returned Check Fee: $ 25.00

Late Payment Fee: 10% of Water Invoice

Administrative Fee/Late Payment Processing $25.00

Inspection Fee: $50.00 per hour

Connections -- meter and all expenses paid by member

Water Rate Schedule: Effective 1/1/2016

First 9,000 gallons- per unit- base rate:

$62.82

Next 6,000 gallons- per thousand

$ 4.46

Next 6,000 gallons- per thousand

$ 2.73

Next 15,000 gallons- per thousand

$ 1.73

Each 1,000 gallons thereafter

$ 0.93

Fees, Assessment and Rates are subject to change as approved by the Walker Township Water Association Board of Directors.

Each Member is responsible for knowing the location of, and maintaining the accessibility of, their curb stop for Association maintenance purposes.

To calculate an accurate bill, we depend on reading your water meter. It is important to maintain the area around your meter and provide ready access for our readers. Please make sure your meter is not difficult or impossible to reach by checking that bushes, shrubs or trees do not block access, or that beehives nearby will not prevent getting a reading.